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“Section 36(2)”

Section References (mined)Section 36Section 36(2)440 judgments

The decision most relied on for Section 36(2) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 36(2)

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

Checkmate Services Pvt. Ltd. v. CIT
143 Taxmann.com 178 · 2022 · Supreme Court
1,392
citing judgments

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

CIT v. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

CIT v. Gujarat State Road Transport Corporation
366 ITR 170 · 2014 · High Court
1,158
citing judgments

Employees' contributions to welfare funds, such as provident fund, are not allowable as a deduction under section 36(1)(va) if deposited beyond the due date prescribed under the respective welfare statutes, even by a single day. Such delayed deposits are not cured even if made before the income-tax return filing due date.

TRF Ltd. v. CIT
323 ITR 397 · 2010 · Supreme Court
714
citing judgments

For claiming deduction for bad debts under section 36(1)(vii) of the Income Tax Act, it is sufficient for the assessee to write off the debt as irrecoverable in its accounts, and it is not necessary to prove that the debt has actually become irrecoverable.

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

(i) CIT v. Merchem Ltd.
378 ITR 443 · 2015 · High Court
631
citing judgments

Belated remittance of employees' contribution to ESI and PF, even if deposited before the due date for filing the return of income under Section 139(1), is not allowed as a deduction. This disallowance falls under Section 36(1)(va) read with Section 2(24)(x), as Section 43B applies only to employer's contributions.

Judgments citing Section 36(2)

Bajaj Holdngs & Investment Ltd ( Erstwhile Bajaj Auto Ltd), Mumbai vs. Addl CIT RG 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 3043/MUM/2010[2002-013]Status: DisposedITAT Mumbai24 Jun 2024AY 2002-013

Bench: Shri Vikas Awasthy & Shri Amarjit Singhbajaj Holdings & Vs. Additional Commissioner Investment Ltd. Of Income-Tax, Range 3(1) Erstwile Bajaj Auto Ltd.) Aayakar Bhavan, Bajaj Bhavan, 226, M.K. Road, Nariman Point, Mumbai – 400 020 Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacb3370K Appellant .. Respondent Dcit-3(4) Vs. M/S Bajaj Holding & Room No. 481-2, 4Th Floor, Investment Limited Aaykar Bhavan, (Erstwhile Bajaj Auto Ltd) Mumbai – 400020 226, Bajaj Bhavan, 2Nd Floor, Jamnalal Bajaj Marg, Nariman Point Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacb3370K Appellant .. Respondent Appellant By : Percy Pardiwala & Vasanti Patel Respondent By : Ankush Kapoor

For Appellant: Percy Pardiwala &For Respondent: Ankush Kapoor
Section 143(3)Section 2(47)

Court) (e) Mahindra Engineering and Chemical Products Ltd. [2022] 136 taxmann.com 183 (Bombay) Allowability of deduction under section 36(1)(vii) read with section 36(2) of the Act even when the company is not in the money lending business. P a g e | 42 ITA No.3043 & 2899/Mum/2010 Bajaj Holdings ... been written off. Accordingly, the write- off of the principal amount of inter corporate deposit is to be allowed as deduction under section 36(2)(1). This ground is therefore treated as allowed.” In the light of the above facts and findings we don’t find any reason to interfere

Addl CIT RG 3(1), Mumbai vs. Bajaj Auto Ltd, Mumbai

In the result, the appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 2899/MUM/2010[2002-03]Status: DisposedITAT Mumbai24 Jun 2024AY 2002-03

Bench: Shri Vikas Awasthy & Shri Amarjit Singhbajaj Holdings & Vs. Additional Commissioner Investment Ltd. Of Income-Tax, Range 3(1) Erstwile Bajaj Auto Ltd.) Aayakar Bhavan, Bajaj Bhavan, 226, M.K. Road, Nariman Point, Mumbai – 400 020 Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacb3370K Appellant .. Respondent Dcit-3(4) Vs. M/S Bajaj Holding & Room No. 481-2, 4Th Floor, Investment Limited Aaykar Bhavan, (Erstwhile Bajaj Auto Ltd) Mumbai – 400020 226, Bajaj Bhavan, 2Nd Floor, Jamnalal Bajaj Marg, Nariman Point Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacb3370K Appellant .. Respondent Appellant By : Percy Pardiwala & Vasanti Patel Respondent By : Ankush Kapoor

For Appellant: Percy Pardiwala &For Respondent: Ankush Kapoor
Section 143(3)Section 2(47)

Court) (e) Mahindra Engineering and Chemical Products Ltd. [2022] 136 taxmann.com 183 (Bombay) Allowability of deduction under section 36(1)(vii) read with section 36(2) of the Act even when the company is not in the money lending business. P a g e | 42 ITA No.3043 & 2899/Mum/2010 Bajaj Holdings ... been written off. Accordingly, the write- off of the principal amount of inter corporate deposit is to be allowed as deduction under section 36(2)(1). This ground is therefore treated as allowed.” In the light of the above facts and findings we don’t find any reason to interfere

Instronics Limited, New Delhi vs. ITO Ward-12(1), New Delhi

In the result, the appeal filed by the assessee is dismissed

ITA 6643/DEL/2019[2016-17]Status: HeardITAT Delhi05 Jun 2024AY 2016-17

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usinstronics Limited, Vs. Ito, Ward 12 (1), 806, Devika Tower – 6, New Delhi. Nehru Place, New Delhi – 110 019. (Pan : Aaaci0163R) (Appellant) (Respondent) Assessee By : None Revenue By : Ms. Parul Singh, Sr. Dr Date Of Hearing : 03.06.2024 Date Of Order : 05.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-4, New Delhi Dated 24.06.2019 For The Assessment Year 2016-17. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That On The Facts & Circumstances Of The Case & The Provision Of Law, The Ld Cit Appeals Has Failed To Appreciate That The Assessment Order Passed By The Ld Ao U/S 143(3) Is Illegal, Bad In Law & Wrong On Facts. The Addition Sustained Is Unjust, Unlawful & Arbitrary & Are Made Against The Principles Of Natural Justice. 2. That On The Facts & Circumstances Of The Case & The Provisions Of Law, The Ld Cit Appeals Has Erred In Sustaining The Addition On Account Of Disallowance Of Bad Debts Claimed Of Rs.53,11,956/- Ignoring The Fact That The Said Amount Is Irrecoverable & Eligible To Claim As Deduction U/S 36(1)(Vii) Of The It Act.

For Appellant: NoneFor Respondent: Ms. Parul Singh, Sr. DR
Section 143(3)Section 36(1)(vii)Section 36(2)

that both the entities intended to take the advantage of the appellant company being a NBFC and has mis-utilised the provisions of Section 36(2) of the Act by advancing the sum to a concern who has not been able to start its business operation. The AO held that

Nalini Kejriwal, Kolkata vs. ITO, Ward-35(2), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 672/KOL/2023[2015-16]Status: DisposedITAT Kolkata20 May 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.672/Kol/2023 Assessment Year : 2015-16 Nalini Kejriwal……..……….….…………............…...……………....Appellant 7, Lyons Range, Dalhousie, Kolkata – 1. [Pan: Ajopk0890K] Vs. Ito, Ward-35(2), Kolkata…….............................................…..…..... Respondent Appearances By: Shri Ravi Tulsiyan, Ar, Appeared On Behalf Of The Appellant. Shri Umakanta Dhrupati, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 14, 2024 Date Of Pronouncing The Order : May 20, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.05.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1A) That, On The Facts & In The Circumstances Of The Case, The Ld. C.I.T.(A) Erred In Confirming The Addition Of Rs. 1,01,98,784/- Being Profit Earned From Sale Of Shares Of M/S. Gcm Securities Ltd. As Unexplained Cash Credit U/S. 68 Of The Act Without Considering The Explanation With Supporting Evidences Filed By The Appellant In A Proper Perspective. B) That, The Ld. C.I.T.(A) Further Erred In Not Considering That Despite Details Provided & The Fact That No Long Term Capital Gain Was Claimed In Respect Of The Impugned Transaction Of Sale Of Shares Of M/S.

Section 250Section 5Section 68Section 69C

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA "ी संजय गग